HomeMy WebLinkAbout20011289.tiff INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: Sparboe Horizon Corporation CASE#: USR-1322
Submitted or Prepared
Prior to At
Hearing Hearing
1 Planning Commission Resolution
2 Department of Planning Services' Staff Review X
3 Department of Planning Services' Field Check X
4 Legal Notice X
5 Letter to Applicant X
6 Application X
7 Referral List, Referrals without Comments X
8 Weld County Building Inspection, referral received 03-17-01. X
9 Weld County Department of Public Works, referral received 02-28- X
01.
10 State Division of Water Resources, referral received 03-01-01. X
11 Platte Valley Soil Conservation District, referral received X
03-30-01.
12 Weld County Department of Public Health and Environment, referral X
received 04-02-01.
13 8 1/2 X 11 map submitted by applicant X
14 Vicinity map X
15 Deed(s)/Certificate of Conveyance X
16 Surrounding Property/Mineral Owners X
17 Soil Survey X
Item(s)submitted at Planning Commission:
_18_Letter from Platte Valley Airpark X
I hereby certify that the 18 items identified herein (Inventory of Items for Consideration-Case # USR-1322) were
submitted at or prior to the scheduled Planning Commission Hear�i I,further certify th tl¢es items were subsequently
forwarded to the Weld County Clerk to the Board's Office. rQnn
Lauren Ligh nner
i
EXI�IBIT
MSC #2.)a
3aa
2001-1289
Page 1
446(rir.
1119€ LAND USE SUMMARY S APPLICATION
COLORADO
Case Number: USR-1322 Hearing Date: April 17, 2001
Applicant: Sparboe Horizon Corporation Address: P.O. Box 429, 6339 Weld County
Road 47, Hudson, CO 80642
Request: A Site Specific Development Plan and a Special Review Permit for a Livestock
Confinement Operation (Pullett Replacement Farm for 260,100 pullets) in the
A (Agricultural) Zone District
Legal Description: SW4 of Section 29, Township 2 North, Range 65 West of the 6th P.M., Weld
County, Colorado
Location: East of and adjacent to Weld County Road 39; approximately 1/2 mile west of
Weld County Road 41; north of and adjacent to Weld County Road 16
Size of Parcel: 158 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received 2/28/2001
• Weld County Department of Public Health and Environment, referral received 4/3/2001
• Weld County Department of Public Works, referral received 3/22/2001
• Weld County Department of Building Inspection, referral received 3/12/2001
• Weld County Extension Service, referral received 3/26/2001
USDA-APHIS Veterinary Service, referral received 3/5/2001
• Colorado Division of Wildlife, referral received 3/20/2001
• State Water Engineer, referral received 3/7/2001
• Platte Valley Soil Conservation District, referral received /2001
• Town of Hudson, referral received 3/22/2001
EXHIBIT
Page 2
iatt4c:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: Lauren Light
Case Number: USR-1322 Hearing Date: April 17, 2001
Applicant: Sparboe Horizon Corporation Address: P.O. Box 429, 6339 Weld
County Road 47, Hudson, CO 80642
Request: A Site Specific Development Plan and a Special Review Permit for a
Livestock Confinement Operation (Pullett Replacement Farm for 260,100
pullets) in the A (Agricultural) Zone District
Legal Description: SW4 of Section 29, Township 2 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
Location: East of and adjacent to Weld County Road 39; approximately % mile west
of Weld County Road 41; north of and adjacent to Weld County Road 16
Size of Parcel: 158 +/- acres Parcel Numbers: 1307 20 000035, 1307 29 000036
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-
2-260 of the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinances in effect. 2.A.Policy.1 states,
"Agricultural zoning will be established and maintained to protect and promote the
County's agricultural industry. Agricultural zoning is intended to preserve prime
agricultural land and to provide areas for agricultural activities and uses dependent
upon agriculture without the interference of incompatible residential, commercial
and industrial land uses." The U.S.D.A. Soils Maps indicate that there is a small
section of prime farmground located on the parcel. However, as the site is not
irrigated, no prime farmground will be taken out of production. The surrounding
properties are mostly agricultural in nature so this facility is compatible with the
adjoining land uses.
Page 3
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40 of the Weld County Code provides for
Livestock Confinement Operations as a Use by Special Review in the A
(Agricultural)Zone District. Poultry is defined as livestock in the Weld County Code
and an operation which exceeds the number of birds allowed in the bulk
requirements for the zoning district is defined as a Livestock Confinement
Operation. The farm will be used to raise pullets, which are female chickens less
than 20 weeks of age. The applicants are proposing to raise 260,100 pullets. The
pullets are then transferred to the laying house which is located on a different farm.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. Uses within the area consist of the Platte Valley
Airpark, crop production and a Confined Animal Feeding Operation. The proposed
pullet farm is compatible with the area.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by Chapter 22 of the Weld County Code
and any other applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities. The site does not lie within the Urban
Growth Boundary of any municipality but does lie within the referral area of the
towns of Hudson and Fort Lupton. Hudson had no conflicts with the proposal and
Fort Lupton did not respond to the referral.
e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The pullet
buildings already exist on site except for a 40 foot addition that will be added at a
later time. There is a limited amount of Prime farmground on this parcel so the
additional pullets and building addition will not affect designated Prime farmground.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval,and Development Standards ensure that there are adequate provisions
for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording. The completed plat shall be delivered
to the Weld County Department of Planning Services and be ready for recording in the
Page 4
Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Conform to Section 23-2-260.D of the Weld County Code.
2) A total of 30 feet from the centerline of Weld County Road 16 shall be
delineated right-of-way on the plat.
3) The access lane shall be a minimum of 20 feet in width.
B. Provide written evidence to the Department of Planning Services and the
Department of Public Health and Environment from the State Water Engineer
regarding availability of water for this operation. (Department of Planning Services)
C. All septic systems located on the property shall have appropriate permits from the
Weld County Department of Public Health & Environment. The Environmental
Health Division of the Weld County Department of Public Health&Environment was
unable to locate a septic permit for the septic system currently serving the existing
structure that will be converted into a biosecurity/garage/restroom, located south of
the poultry houses. Any existing septic system(s) which is not currently permitted
through the Weld County Department of Public Health & Environment will require
an I.S.D.S. evaluation prior to the issuance of the required septic permit(s). In the
event the system(s) is found to be inadequate, the system(s) must be brought into
compliance with current I.S.D.S. regulations. Written evidence of approval from the
Department of Public Health and Environment shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
D. Apply for an Underground Injection Control (UIC) Class V Injection Well permit
through the Environmental Protection Agency(EPA),for the floor drain system that
serves the maintenance shop, or provide evidence that the applicant is not subject
to the EPA Class V requirements. Written evidence of approval from the
Environmental Protection Agency shall be submitted to the Department of Planning
Services. (Department of Public Health and Environment)
E. The facility shall demonstrate compliance with the Confined Animal Feeding
Operations Control (CAFO) Regulations and the additional requirements outlined
below. This shall be demonstrated by submitting a comprehensive manure and
waste water management plan for the proposed operation to the Weld County
Department of Public Health and Environment for review and approval. Written
evidence of approval from the Department of Public Health and Environment shall
be submitted to the Department of Planning Services. This plan shall include, but
not be limited to the following: (Department of Public Health and Environment)
Page 5
(1) If applicable,demonstration that all manure stockpile areas and waste water
collection, conveyance, and retention facilities are adequately sized and
constructed to handle and retain the storm water run-off generated from a
twenty-five year, twenty-four hour storm event. This shall be conducted by
a Registered Professional Engineer .
(2) If applicable, demonstration that any existing or proposed waste water
retention structure has been or will be constructed in accordance with the
criteria described in the CAFO Regulations. The demonstration shall be
conducted by a Registered Professional engineer.
(3) A site map demonstrating the layout of the site. This should include the
locations of all barns, structures, feed storage areas, any water courses
through the property, manure storage areas, lagoons, etc.
(4) Demonstration that the facility has the ability to manage, dispose, and/or
land apply manure and waste water at agronomic rates in accordance with
the CAFO regulations.
(5) The method that wastewater, produced from washing the interior of the
barns,will be collected, treated, and/or disposed. Including a description of
all containment features and any specific practices that will be incorporated
to prevent a discharge from the facility.
(6) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO Regulations.
(7) Other necessary measures which are required in order to comply with the
CAFO Regulations.
(8) A description of the types of records that will be maintained on the facility,
as required by the CAFO Regulations.
F. In accordance with CAFO,the applicant shall submit the facility's manure and waste
water management plan to the Colorado Department of Public Health and
Environment for review and comment. Written evidence of approval from the
Department of Public Health and Environment shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
3. Prior to operation:
The access lane and off street parking spaces shall be surfaced with gravel, asphalt,
concrete, or equivalent and shall be graded to prevent drainage problems.
4. A building permit will be required for the addition to the existing building.
Page 6
5. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder. (Department of Planning Services)
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SPARBOE HORIZON CORPORATION
USR-1322
1. The Site Specific Development Plan and Special Use Permit is for a Livestock Confinement
Operation (Pullett Replacement Farm) in the A (Agricultural) Zone District, as indicated in
the application materials on file and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. Adequate restroom facilities shall be provided for employees. (Department of Planning
Services)
4. No on-site disposal of bird carcasses of any type shall be permitted at anytime. Carcasses
shall be handled and stored at the facility in such a manner so that no nuisance is created
by odor, blowing of debris, or fugitive dust on or around the facility. The facility shall
contract with a commercial waste hauler to dispose non-agricultural wastes and dead
chickens. (Department of Planning Services)
5. Fugitive dust shall be controlled on this site. At all times, the facility shall be operated in
accordance with the control measures described in the Management Plan for Nuisance
Control, dated February 19, 2001. (Department of Public Health and Environment)
6. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
7. There shall be no permanent disposal of solid wastes, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
(Department of Public Health and Environment)
8. The facility shall maintain compliance with Confined Animal Feeding Operations
Control Regulations(5 CCR 1002-19)and, Section 23-4-710 of the Weld County Code, as
amended. (Department of Public Health and Environment)
9. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone as delineated in Section 25-12-103 C.R.S, as amended. (Department of
Public Health and Environment)
Page 8
10. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health & Environment. (Department
of Public Health and Environment)
11. The facility shall not discharge run-off or other waste waters to surface or groundwater with
exception to what is allowed by the Confined Animal Feeding Operations Control
Regulations. (Department of Public Health and Environment)
12. Wastes materials, not specifically addressed by other development standards, shall be
handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and
other potential nuisance conditions. (Department of Public Health and Environment)
13. The applicant shall remove and handle manure and waste water from the poultry houses
in a manner that will prevent nuisance conditions. In no event shall the facility impact or
degrade waters of the State in violation of the Confined Animal Feeding Operations Control
Regulation (5 CCR 1002-19). (Department of Public Health and Environment)
14. The facility shall be operated in accordance with the odor control measures described in the
Management Plan for Nuisance Control, dated February 19, 2001. Odors detected off site
shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional
controls shall be implemented at the request of the Weld County Department of Public
Health and Environment in the event odor levels detected off site of the facility meet or
exceed the level of fifteen-to-one dilution threshold, or in the judgement of the Weld County
Health Officer, there exists an odor condition requiring abatement. (Department of Public
Health and Environment)
15. A spillage retention berm shall be required around any fuel container with a volume greater
than 50 gallons. The volume retained by the spillage berm should be greater than the
volume of the largest tank inside the berm. (Department of Public Health and Environment)
16. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with the control measures described in the Management Plan for
Nuisance Control, dated February 19, 2001. Additional fly control measures shall be
implemented at the request of the Weld County Department of Public Health and
Environment in the event that flies (which can be determined to be associated with the
facility) are in such a number to be considered a nuisance condition. The plan shall also
be implemented in the event the Weld County Department of Public Health and
Environment receives a significant number of fly (associated with facility) complaints, and
in the judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement. (Department of Public Health and Environment)
17. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations. (Department of Public Health and
Environment)
Page 9
18. There shall be no burning conducted at the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. 1 of the Colorado Air Quality
Control Commission Regulations. (Department of Public Health and Environment)
19. With exception to emergency conditions, no manure shall be stored, on the property,
outside of the poultry houses. The facility shall maintain evidence that it has the ability to
prevent the stockpiling of manures on the property. The evidence may consist of any
contract(s) or agreement(s)with any property owner, composting firm, or other entity, that
will dispose, treat, process, etc. any manures generated on this facility. (Department of
Public Health and Environment)
20. The facility shall attempt to assure that any individual, corporation, etc. that removes
manure from the property has the ability to manage the manure to prevent nuisance
conditions and has the ability to comply with any Local, State, or Federal rules. The facility
shall provide an accurate analysis of the nutrient content of any manure produced on the
property to any individual, corporation, etc. that removes the manure from the site.
(Department of Public Health and Environment)
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations.
24. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
25. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
O GREELEY, COLORADO 80631
•
COLORADO
February 26, 2001
AgPro Environmental Services, LLC
Attn: Sharyn Frazer
4311 Hwy 66 Ste 4
Longmont, CO 80504
Subject: ` USR-1322- Request for a Site Specific Development Permit and Special Review Permit for a
Pullet Replacement Farm on a parcel of land described as SW4 of Section 29,Township 2 North,
Range 65 West of the 6th P.M., Weld County, Colorado.
Dear Ms. Frazer:
Your application and related materials for the request described above are being processed. I have scheduled a
meeting with the Weld County Planning Commission for April 17, 2001, at 1:30 p.m. This meeting will take place
- in Room 210,Weld County Planning Department, 1555 N. 17th Avenue,Greeley, Colorado. It is recommended that
you and/or a representative be in attendance to answer any questions the Planning Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,
our office has forwarded a copy of the submitted materials to the Fort Lupton and Hudson Planning Commissions
for their review and comments. Please call the City of Fort Lupton at 970-346-0326 and the Town of Hudson at 303-
536-4753 for further details regarding the date, time, and place of these meetings. It is recommended that you
and/or a representative be in attendance at the Fort Lupton and Hudson Planning Commission meetings to answer
any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior
to the hearing to post a sign adjacent to and visible from a publicly-maintained road right-of-way which identifies the
hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,
one sign will be posted in the most prominent place on the property and a second sign posted at the point at which
the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld
County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled
hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning
Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Lauren Light
Planner
EXHIBIT
Is
FIELD CHECK Inspection date: March 16, 2001
CASE NUMBER: USR-1322
APPLICANT: Sparboe Horizon Corporation
LEGAL DESCRIPTION: SW4 of Section 29, Township 2 North, Range 65 West of the 6th
PM, Weld County, CO
LOCATION: East of and adjacent to WCR 39; approximately 'A mile west of WCR 41; north of
and adjacent to WCR 16.
Zonina Land Use
N A (Agricultural) N CAFO, Crop
E A (Agricultural) E Corn
S A (Agricultural) S Home on acreage
W A (Agricultural) W Platte Valley Airpark
COMMENTS:
Three existing buildings for pullets. Farm manager house is located adjacent to Weld County
Road 16. Garage located south of pullet buildings.
Lauren Light, Planner
EXHIBIT
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